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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My neighbour has built a single story extension at the rear

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My neighbour has built a single story extension at the rear of their garden and have now blocked my way in at the rear of my property. On the boundry map his garden finishes short of mine but now his building finishes inline or beyond and has blocked my way. Has he broken a law by doing this and if so what can I do ?

Presumably your property is 13 and his is 12. I presume the area in question is the strip in green.

Do you have a documented right-of-way in your deeds over the strip area in green or has it been used for more than 20 years as a right-of-way?

If the neighbour has already built the extension, why was this issue not raised when he very first started building?

Customer: replied 1 year ago.
I only have the map and we have not used it in about 17 years but we want to erect a shed which we can only get through that way . He has only just built it and we didn't realise it came back that far until it was up to roof level.

You can get your title deeds on here for £3 for the deed and £3 for the up-to-date plan. They arrive in seconds.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

It will then tell you whether you have a right of way and if you’re not sure, you can attach the title deed and up-to-date plan on here and I can tell you whether you have the right-of-way and whether there is anything you can do about this.

Customer: replied 1 year ago.
I have sent photos of documents and am looking at them now myself any use?
Customer: replied 1 year ago.
I'm on an iPad how do I attach said documents?

There appears to be the right at 4 in the rights noted in the deed to go over the access way coloured orange on the plan.

That could be the land, and green on your plan

However I don’t have the title plan.

Are you able to attach the Official Copies of the title and the plan as a PDF from the Land Registry because it would make them much easier for me to read?

I havent got a clue how to do it on ipad. sorry

Customer: replied 1 year ago.
Do you have an email add I could send the document to you as only seem to be able to attach photos
Customer: replied 1 year ago.
Have just added a picture for you to look at of my neighbour boundary the numbers are wrong number 12 shown is actually number 14 you can clearly see a triangle shape that is outside his boundary

I need to see the wording on the deeds of your house and the neighbours house.

I’m not allowed to give an email address out publicly although you can send them to admin and they will forward them to me.

You should be able to attach PDFs. You can take a photograph of just partner refers to the triangle on the neighbours land and any right-of-way that you have over that, that will tell me what I need.

Customer: replied 1 year ago.
Ok will try and get paper copies and send photo to you

Thank you

Customer: replied 1 year ago.
I've copied and am sending photos
Customer: replied 1 year ago.
Photos
Customer: replied 1 year ago.
More

Thank you. I managed to read those, lying on my side because they were sideways on the screen!

I would also need the deeds to his property to see what the reference to the notched corner is which looks to be shaded blue. It would be worthwhile spending the 3 pounds to get his deed It may be that there is a right-of-way mentioned in his deeds for you but not yours. That is not unusual.

I am assuming also that he has built on what you marked on the earlier plan as the green path and also assuming that the reference to the notched corner is nothing to do with you then my answer is as follows:

There is no mention in your deeds about any right-of-way. However if you and your predecessors had used this right-of-way for 20 years or more, then you can claim a prescriptive easement under the Prescription Act to continue to do so.

Unfortunately, you have not done that already and the neighbour has now blocked your prospective right-of-way.

The neighbour has extended the area of his land beyond that on the title plan to include the little bit of the green pathway you marked on the earlier sketch, then he has trespassed onto the land at the back which is presumably owned by someone else.

It is a matter for them and not for you. There is little that you can do to get your right-of-way back now that the extension is complete. If it was in progress or just at foundation stage, you could have got an injunction to stop the work pending your application to register an easement to continue to use the right-of-way but, only if you and your predecessors had used it for 20 years or more.

There is another way of dealing with this however and that is to find out who owns the land which the neighbour has built on which is the little bit at the back.

If you don’t know who owns it, and to mark the area on which he has trespassed, in red. Send it to the Land Registry with land Registry form SIM

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/527246/SIM.pdf

and the land registry will do a search of the index map and give you a title number for that piece of land. Once you have the title number you can use the land Registry link I sent you earlier to get the title deeds of that land and hence find out who owns it.

You then refer the trespass to the landowner and let them deal with it and if they feel they want to get an injunction to get him to remove it, they will do so. That then resolves your problem and you can then apply for your easement. They may not be bothered about this small trespass although from my experience, people are very precious even with small pieces of land which are otherwise of no use.

Just coming back to the notched corner in his deeds, if he has built on that corner, there is a possibility that you could get that part of the extension demolished only if there is a right-of-way for you over it. You would need to check the neighbours deeds.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid. It does not cost you anything but helps me greatly.

Best wishes.

FES.

Customer: replied 1 year ago.
Thank you will get a copy of his deeds to see thanks again have rated you also good night

Thank you. What you’ve got his deed, just post it in the same way and will see what it has to say. Somewhere, it will refer to the part shaded blue and that’s the relevant bit. It may be self-explanatory when you see it.

Customer: replied 1 year ago.
I have a copy of the paperwork my name is ***** *****

Okay. We may be getting there. You need a copy of the transfer dated 9 December 2013 referred to in the Charges Register at 2 which is presumably the one you are referring to.

You cannot get that online and you will need to complete land registry form OC2 and send it to the land Registry with the appropriate fee which is usually about £20.

They normally take a few days or a week or so to arrive.

When you have that, you will then know what the relevance is of the blue land.

This thread will remain open and you can post up again. If for any reason it closed, put my name at the top of the new question, For FES only

Customer: replied 1 year ago.
Thanks will be in touch

Cheers

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